CJP Protest: No Illegal Detention Ordered by Supreme Court – What SC Said in Delhi Metro ‘Internet Shutdown’ | Today’s news
The Supreme Court on Sunday ordered that there will be no detention of any individual except in accordance with the procedure laid down by law, particularly with regard to the assembly of peaceful and unarmed people outside the prohibition area.
Justice Joymalya Bagchi and Justice V Mohana also issued a direction on objections to Delhi Metro station closures and internet restrictions in the wake of the CJP’s protest against CEC Gyanesh Kumar.
The Supreme Court was hearing a contempt petition related to the protests organized by the Cockroach Janata Party (CJP) at Jantar Mantar in Delhi.
Supreme Court Special Sunday Hearing: Key Matters
According to the Bar and Bench, the Supreme Court ordered that:
1. Metro and rail transport in Delhi must function normally. Restrictions are permissible only if they are justified according to Article 19, paragraph 2.
2. Internet facilities will remain undisturbed in accordance with law without affecting statutory powers to impose legal restrictions. The court clarified: “When we say that internet devices will remain undisturbed, we are not taking away the powers under the Information Technology Act.”
3. The movement of persons and vehicles through Delhi must not be unduly obstructed. Barricades must be reviewed immediately based on law and order and traffic requirements.
4. No illegal detention is allowed. Any detention must follow a procedure established by law.
5. Peaceful gatherings must be permitted in accordance with the law, especially outside areas where prohibition regulations apply according to Section 163 of the BNSS.
6. Any notice board announcing restrictions under Section 163 in the vicinity of the Supreme Court must be removed, if still in existence, to ensure unrestricted access to the Supreme Court and other courts.
7. The court noted assurances that lawyers, journalists and other professionals would not be prevented from performing their duties.
8. A notice of contempt was issued for alleged violation of the October 9 court order. The authorities have until Tuesday, October 13, to file a compliance report detailing metro restrictions and rail alerts.
9. The court said the state must explain the circumstances, manner and legal justification of the alleged detentions, noting that under Article 32 it is obliged to protect and enforce fundamental rights.
10. Habeas corpus petitions related to mass detention and other related matters will be heard with the main cases on October 13.
